Review: The subject of this research is the perception by the Catholic Church of the problems of development and establishment of the states in the late XIX – early XX centuries, as well as significant changes in reactionary approach of the Church, inherent to it during the first years after the French Revolution. The object of this research is the Catholic social teaching during the period of pontificate of Leo XIII. The author gives particular attention to the key encyclical “Rerum Novarum”, and underlines that it should not be viewed as the starting point of the Catholic social doctrine, but rather as a crucial state in its development. The main conclusion consists in the fact that the popular in the Western and Russian science approach, which suggests consideration of the pontificate of Leo XIII as the reference point of the Catholic social doctrine, is inherently erroneous. Moreover, the assurance that “Rerum Novarum” and other encyclicals of Leo XIII are the embodiment of the liberal turn of the Catholic Church, is quite far from the truth. Nevertheless, it in no way diminishes the importance of the change of paradigm of perception of democracy and liberalism realized by Leo XIII.

Review: Leo Tolstoy is famous not only as a writer, but also as a public figure who has made a significant contribution to the development of original political and legal ideas about the law, the system of public administration, international relations, education and other important spheres of life. The subject of the study includes the analysis of the main state-legal ideas of Tolstoy, as well as his life path associated with direct participation in the political and legal processes. In the context of the protection of human rights, Tolstoy actively represented the interests of Russian Doukhobors who were forced to emigrate in the late XIX and early XX centuries from Russia to Canada. Many of the episodes in Tolstoy's literary works written according to the materials of the real judicial cases, which demonstrated the shortcomings of the justice system and the state legal system as a whole. The most important ideological concept of Tolstoy is pacifism, the rejection of military action in favor of diplomatic and peaceful conflict resolution. Tolstoy paid great attention to the analysis of social structure of the Russian village, customary law of the peasants and their relationship with the public authorities. Political and legal views of Tolstoy have become a unique source of knowledge and approaches to improve the modern model of the Russian legal system, to overcome such issues as the legal nihilism, corruption, and bureaucracy. His literary legacy contains profound philosophical, methodological, and fundamental ideas about the nature of life, purpose of man, the role of religion, civil and state institutions, which could be regarded as “eternal themes”, constantly attracting the interest of many generations in search of true values and constants of life. Analysis of the most important aspects of the topic were based on historical, formal-legal, comparative legal methods of scientific research.

Review: The subject of this research is the views of the ideologists of the Third Reich such as Hitler, Rosenberg, Himmler, Goebbels, and Ganzer regarding unification of Europe. A claim is made that at the basis of the views of Nazi ideologists lied the socio-Darwinistic understanding of human development as a constant struggle for existence of individuals, as well as nations and states, where the winner, and thus the one who has the right to live, is the fittest. The author substantiates that Nazi ideologists rejected the equality of men, nations, and states, and even the very possibility of their harmonious coexistence. The conducted researched allowed making the following conclusions: 1) the political law views of the ideologists of the third Reich regarding unification of Europe are characterized by the rather aggressive form of national self-establishment, based on the idea of national exceptionality and supremacy; 2) these views rejected humanism and value of human individuality; 3) they rejected equality of people and various nations, and thus the equality of states; 4) they led to the “annihilation war” and put existence of humanity at risk.

Review: This article is dedicated to the juridical meaning of the category of “legal reality”, introduced into the scientific use within the framework of post-classical juridical science. The goal of this work is to study the “legal reality” as a category of juridical science, determine and analyze the ontological and gnoseological meaning of this concept, which defines the bases for functionality of the legal phenomena in a specific society. The legal reality is being examined from the positions of various methodological approaches, which allows seeing it not only on different ontological levels and aspects, but to also determine its gnoseological potential for development of juridical science. The author gives an original definition to the category of “legal reality” and original definition is given to the category of “legal reality”. The author studies the key element and aspects of this category, and makes a conclusion that the legal reality as a fundamental category of juridical science is a complexly organized multi-level system, which encompasses both, the realistically existing legal phenomena, as well as the legal ideal, and defines the sphere of being of the law for the individual and society.

El'chaninova O.Yu..
The category of the “source of law”: the problems of universality, specificity, and concretization (the experience of understanding of the approaches of pre-revolutionary scholars)
// Law and Politics. – 2016. – ¹ 6.
– P. 813-821.
DOI: 10.7256/1811-9018.2016.6.13941.

Review: The object of this research is the basic category of legal science that is the “source of law”. The subject of this research is the main approaches devised by the historical and juridical sciences towards the concept of “source of law”. The author demonstrates that unlike in historical sciences, where the concept of “source of law” was examined only as a private case of the concept of “primary source”, in the legal science as a whole and law history in particular this is one of the fundamental categories. Among the main conclusions of the conducted research are the theses that the content of the definition of the “source of law” is influenced by the specific historical context, starting with the dominating legal tradition and ending with the value system that have been entrenched in the public consciousness of a specific era. The desire to move away from ambiguity of the concept of “source of law” led to emergence of new terms: “form of law”, “normative factor”, “monument of law”, and others.

Review: The subject of the study is the position of the Catholic Church on the most important aspects of political and economic development of society during the French Revolution, as well as the reaction of the Church to the introduction of a secular constitution in France along with the Civil Constitution of the Clergy, as an attempt to subordinate the Church to the secular authorities. The author analyzes the main sources containing the position of the Catholic Church on the secular trend in European countries - the papal encyclicals during the pontificate of Benedict XIV (1740-1758), Clement XIII (1758-1769), Clement XIV (1769-1774) Pius XVI (1775-1799), as well as the sources including the Church’s position on natural law doctrine and the secular source of state power - papal encyclicals during the period of Pius VI pontificate. The author comes to the conclusion that despite the fact that the Catholic Church recognized the majority of human rights and freedoms assigned to individuals as a result of the French Revolution, the strive of the French Assembly to recognize the natural state of a human as a source of these rights and freedoms and attempts to subordinate clergy to secular power, predetermined the reconciliation with the Holy See impossible, even to the extent of concordat with Napoleon.

Review: This article analyzes the early publications of Pyotr Tkachev, a prominent representative of the people’s movement, written by him during the 1860’s in the period of “Great Reforms” dedicated to the issues of law. The subject of this research is the regularities of the genesis and evolution of the thinker’s assessment of the potential of the mass peasantry legal awareness. The author substantiates the fact of the gradual evolution of his outlooks upon this issue and highlights the final point of this process, which testifies that he completely reevaluated his earlier positions; an attempt is also made to explain the root causes for such substantial metamorphoses. The main conclusion of this research is the thesis that the revolutionary’s publications dedicated to the participation of the public element in the jury trial greatly differ between those published before and after 1865. In author’s opinion, namely Tkachev’s complete resolution of this issue has served as the foundation for the political doctrine created by him during emigration in the 1870’s, which rejected the active role of the masses in both, the political and social revolution in favor of a small group of ideological revolutionaries.

Review: This article presents an attempt to re-actualize the concept of “state of nature” used in the work of the modern era thinkers. The article is divided into a brief introduction and two parts. The first part addresses the political-legal concept of the “state of nature”, its origin and semantic content. A special accent is made on the connection between the notion of “state of nature” and “the war of all against all”. The author assesses the possibility of using said concepts to describe the present and the future situation in the world. The second part is dedicated to the description of the crisis state of the social, political, and legal orders of the early XXI century. The notion of “global crisis” of the modern society is being introduced, giving characteristics and description to the key causes of this state. The author analyzes the peculiarities of the society of the modern global crisis, noting the trend towards decomposition and failure of the previous, customary political-legal forms and institutions. For the first time in the Russian theoretical-legal science the modern state of the international and national orders is compared to seemingly outdated concept of the “state of nature”. In the context of the research issues at hand, the views of the philosopher Jean-Jacques Rousseau of the state of nature of the society is being examined from a different perspective.

Kraevskiy A.A..
Reflection of international law in the Soviet theory of state and law of the late 1930's-1980's
// Law and Politics. – 2015. – ¹ 12.
– P. 1765-1772.
DOI: 10.7256/1811-9018.2015.12.17317.

Review: The paper presents analysis of legal-theoretical reflection of the issues of international law in Soviet legal science of 1930-1980. The conference on the issues of the science of Soviet state and law of 1938 under the guidance of A.Y. Vyshinsky opened a new period of the development of Soviet jurisprudence. Legal science became more practically oriented, abandoned legal-economical conceptions of Y. B. Pashukanis and several more authors and combined Marxism with classical legal etatism. General theoretical innovations affected the problems of the theory of international law. Methodological basis of paper consists of general and special scientific methods, especially descriptional and comparative methods, methods of analysis and synthesis. Positivistic approach of Soviet jurisprudence appeared in the critic of the project of Declaration of Human Rights, influenced by the natural law philosophy. Soviet reception of the G. Jellinek’s conception of state sovereignty was connected with international political situation of 1930’s, when USSR had to shift from the idea of world revolution to the conception of peaceful coexistence. The role of international law in later Soviet legal-theoretical investigations was less important, except L. S. Yavich’s conception of the essence of law.

Review: This article is the first within the Russian legal science to research the question on the similarities of the sociological and psychological theory of the French lawyer Emmanuel Lévy and the social and legal ideas proclaimed within the framework of the Critical Legal Studies movement. The authors thoroughly examine the general peculiarities of legal understanding by Emmanuel Lévy and the supporters of the critical legal studiess of the “first wave” (Dunkan Kennedy, Roberto Unger, and others); also the ideological and theoretical foundations (philosophical, political, and legal) of their scientific views are being determined. The authors come to the conclusion that since the beginning of the XX century, prior to the emergence within the British-American law of the school of Critical Legal Studies, the similar in its essence ideas were expressed by the lawyer and sociologist Emmanuel Lévy. These ideas include: criticism of the liberal legal tradition from the left political positions; idea on the continuity of law and politics in form of the corresponding practices; examination of the legal argument itself as a certain form of manifestation of political activity; criticism of the neutral legal principles and strict anti-formalism; as well as the perception of law as the combination of beliefs (ideologies), etc.

Review: This article presents the analysis of the ideas of Christian socialism in Russia, spanning over 125 years, beginning with the positions in this phenomenon in the works of Dostoevsky, up until the modern doctrinal formulations by the Russian Christian philosophers. The subject of this research is the philosophical concepts of Christian Socialist orientation in Russia. The object is the evolutionary process of the idea of Christian socialism throughout the last 125 years. The author comprehensively examines such aspects of the work as interconfessional correlations within the framework of Christianity in Russia on the questions of understanding of Christian socialism. A special attention is given to the evolution of the Christian socialist ideology in the XXI century. The author uses systemic scientific retrospective analysis with consideration of the fundamental principles formulated in Holy Scripture, as well as socialist concepts. The author’s special contribution into this work is the examination of interconfessional cooperation within the development of a unified opinion towards understanding the concept of Christian socialism in Russia. The scientific novelty consists in the establishment of a new image of the Christian socialism in Russian through the prism of its evolution throughout the period of 125 years.

Review: This article examines the definitions of the term “space policy”. The author analyzes the interpretation of the existing terms of this direction within space policy. This research reviews the works of such scholars as I. M. Moiseyev, K. A. Karp, Y. A. Matveyev, E. I. Zhuk and others. The author proposes a scientifically broader definition of “space policy”; reveals the essence of the space policy, as well as the main tasks that it is set to accomplish. It is pointed out that space policy is the policy that concentrates on space and all related vectors of political activity, and this sphere actively represents the interests of not only separate states, but the society as a whole. The number of these tasks grows as the time progresses, and in the future this trend will most likely not only continue, but increase. The author accents his attention on the fact that the space policy actively represents the interests of states, as well as public space organizations.

Review: This article presents the general characteristic of Mikhail Bakunin (1814-1876) as an individual, political actor, and renowned political thinker. His work contained ideas that were critical and positive, utopian, and often ahead of their time. The thinker is portrayed as the representative of ideas and processes of global integration of human civilization, bright expresser of critical ideas and revolutions as periodically repeating phases of development within historical evolution of humanity. The article touches on the issues of evolution and the specificity of the thinker’s ideas about political integration of humanity, the future and role of the consciousness of social development, controversial consequences of criticism towards statehood and augmentation of personal liberties, as well as revealing the “hidden side” of the potential of statehood and the limits of its realistic effect upon the evolution of political institutions. The significance of this article lie in its generalizing character, attempt to understand the place of the thinker and his ideas within history from the modern perspective of acknowledging revolution as a controversial, often tragic ans costly technique of clearing the path for the future, although during specific historic moments becoming unavoidable in certain countries even in the XXI century.

Review: The subject of this research is the ideas of national unity expressed in the work of the great Russian poet Alexander Sergeyevich Pushkin. The goal of this work is to analyze the creative and scientific-historical works and personal sources (correspondence) in order to determine the positions of the writer with regards to the issues of national unity and counteraction of the centrifugal trends within the history of Russia, and the Russian Empire contemporary to Pushkin. A special attention is given to sources such as the poems “To the Slanderers of Russia”, “The Anniversary of Borodino”, “Poltava”, historical essays “Notes on Eighteen-century Russian History”, “Essays on the History of Ukraine”, as well as his correspondence with Pyotr Vyazemsky. The scientific novelty of this research consists in the presentation of the problem and the use of materials that virtually have not previously been implemented in the research on the history of education on law and state. This work allowed making a conclusion that Alexander Pushkin in his works of various genre has systematically established a precise position on the issue of the need to ensure national unity in Russia.

Review: The subject of this research is the review of the issues pertaining to development and establishment of the classical elite theory, as well as the approaches associated with it: reputational, pluralistic, value, and elite, by analyzing works of such renowned thinkers as Vilfredo Pareto, Robert Michels, Max Weber, Nikolai Berdyaev, and others. A special attention is given to the study of so-called “elite circle”, or individuals who are part of the elite. The author identifies the general characteristic features inherent in the teachings about the elites in the writings of various scholars. The main conclusion of this research is the determination of the general signs intrinsic to the elites; the author also gives an original definition to the term of “elite”. The results of this work can be used to further examine the elite theory.

Keywords: general features of the elite, members of the elite, signs of elite, definition of elite, recruitment of elites, elite, problems of elites, classical elite concept, elite theory, elite features

Review: This article is dedicated to the analysis of the foundations and tendencies of modernization of the professional legal education that is defined by the vectors of development of law under the conditions of globalization. The author refers to the fundamental issues of the modern legal education through the prism of legal globalistics. These positions are the basis for rethinking the purpose and the point of legal profession in the modern society, which defines the limits of politics in the area of reform of the content and institutional aspects of legal education. A substantial part of this research includes the illumination of the integrational processes within the European education system as a whole, and the European field of legal education. The conducted analysis is directly linked to the research of the possible paths of development of the legal education system in Russia. The methodological foundation of the analysis consists in the understanding of the philosophy of modern legal education as more general approaches and principles that establish the purpose for the legal profession on both, national and international levels. The author bases the conclusion on the notion that increasing the role of law under the conditions of globalization suggests the forming of a new format of professional legal education that would solidify the value of law.

Review: This article is dedicated to the political views of Niccolo Machiavelli upon ensuring the territorial integrity of a
nation and counteraction of regional separatism. It analyzes the treatises “The Prince” and “The Art of War”, and generalizes
the experience of diplomatic work of the classic of political thought. The article demonstrates the dependency of
the intensity of the centrifugal forces on the model of state governance: ruling a nation through nobility or governors. The
issue of government unity is mostly prevalent in the nations that belong to the first type. Discussing the acceptable forms
of ruling, the thinker comes to the conclusion that in order to unify a nation under the conditions of feudal fragmentation
and clashing of the clans, the monarchy is more suitable than a republic. Taking into account the conquering nature of
the politics of the medieval nations, an analysis is conducted on the legal and other means of maintaining the conquered
countries within the borders: preservation of the legal and financial systems, and transfer of the capital into the newly
conquered territory. Part of the methods is defined as forceful, and extralegal: destruction of the cities, and killing of the
entire bloodline of the previous ruler. Certain recommendations are evaluated as rational for the modern countries that
are fighting against separatism.

Zhdanov V.L..
The infl uence of the information and post-industrial
society upon the space politics in the era
of globalization
// Law and Politics. – 2014. – ¹ 11.
– P. 1774-1777.
DOI: 10.7256/1811-9018.2014.11.7711.

Review: This article analyzes the influence of the theories of information and post-industrial society upon the development
of space politics. It examines the works of such researches in this field like Daniel Bell, Rimantas Pleikis, and Alvin Toffler.
The author emphasizes that the space politics in particular can be viewed as the axis of political theories, which passes
through the concept of industrialism, as well as being a reflection of post-industrialism theories and information society
as a whole. The space politics affects not only the direct access to information, but can also be an element of censorship in
a very near future; but the problem of access to information is one of the most politically sensitive. It is namely the access
to information as the cornerstone example of freedom that carries a direct impact on the forming of space politics, which
is very relevant in the era of globalization.

Review: In the XXI century the need for the constitutional control in a democratic rule of law state, which is based
upon the principle of separation of powers, is undoubted. The institution of constitutional control held various forms and
methods of implementation throughout its history. The article is devoted to one of the issues in the theory of constitutional
control, namely, the definition of this institution. The author attempts to take part in the scientific discussion regarding
definition of “constitutional control” and its correlation with the “constitutional supervision”. In the course of the analysis
of the key existing approaches towards defining “constitutional control” in the science of constitutional law, the author
mostly employs formal legal and comparative legal methods. Having analyzed the main current approaches towards the
definition of “constitutional control”, the author provides her own definition of this institution based upon various matters,
including the experience of the former Yugoslavia states in the sphere of constitutional justice. In the opinion of the
author constitutional control is the activity of the competent state government bodies towards control (and if necessary,
support) compliance or non-compliance of laws, other normative and general acts, acts and omissions of public government
bodies, organizations and non-governmental organizations to the Constitution.

Baharev, D.V..
Issues of theory and methodology of studying the causes
for the territorial differences in crime as refl ected
in the works of the Soviet criminologists
// Law and Politics. – 2014. – ¹ 10.
– P. 1590-1595.
DOI: 10.7256/1811-9018.2014.10.13015.

Review: The article provides a brief historical and comparative analysis of the main approaches of the criminologists
of the Georgian, Latvian, Lithuanian, and Estonian Soviet Socialist Republics of the former USSR towards territorial differences
in crime markers and their causes. The author describes theoretical nature and methodological elements of the
approaches, such as comparative criminological analysis, studies of geography of crimes and their dynamics, systemic
approaches towards territorial (area-related) structures (residential structures, administrative regions, certain regions),
etc. The article involves comparative historical method for the studies of approaches of scientific schools and certain
criminologists of the former USSR (1970s-1980s) towards studying the causes of territorial differences in crime. The article
contains analysis of initial prerequisites and further approaches towards widening and deepening of the scope of territorial
and methodological basis for the studies of the causes of territorial differences in crime. For example, by the mid-1980s
the Soviet criminologies have theoretically substantiated the need to understand territorial (regional) and residential
structures as types of complicated social and economic structures. At the same time the complications and contradictions
in the functioning of such systems should inevitably influencing the markers of the criminal activities of the population.

Review: The article considers the philosophical-legal issues when forming and developing the idea about the cosmic
state made by thinkers during different periods of time, starting from the Ancient World till Russian cosmism in the 20th
century. It includes interpretations of ideas about the cosmic state in ancient mythology, in works of such thinkers as
Antisfen, Diogenes of Sinope, Krates, Zeno, Platon, Iambulos, Seneca, Cicero, Dante, Augustine of Hippo, Thomas Paine,
N.F. Fyodorov, K.E. Tsiolkovsky, A.F. Agienko, P.I. Ivanitsky, V.I. Vernadsky, N.K. Roerich, etc. Logical, historical, and
comparative methods were used. The evaluation of the offered information contained in works of different thinkers was
given from the position of a modern vision of the questions being studied, taking into consideration the level and prospects
of the technical development of humanity, and the challenges of the XXIst century. It is observed that more intensive
understanding of the potential of the state as a historical phenomenon took place while understanding cosmic aspects of
the state in the history of political thought. Thinkers of different countries started to comprehend more deeply the unity of
the world, the cosmic nature of a person and humanity, the foresight and comprehension of the coming cosmic human era
and its appropriate political organization. The ideas about the cosmic state played a particular role in the liberation of the
individual, and contributed to the development of the conception and forms of economic, political and legal integration,
thereby extending the historical horizons of political consciousness.

Review: The object of studies in this article is critical evaluation of the concept of law by the well known legal theoretician
Ronald Dworkin. In the first part of the article the author studies his early works with special attention to the polemics
between Dworkin and Hart. It is also explained how the defects of the early theory of Dworkin led to the radical changes
in his methodology and the number of his theses. In the second part of the article the author focuses on legal views of
Dworkin, as formulated after 1981. The author provides detailed description of his interpretation theory and his theory of
the integrity of law. The third part of the article contains criticism of his views from the pluralism standpoint. The method
of the author mirrors the method of Dworkin, and it is entitled “constructive interpretation”. Its use allows to imagine
an object of studies in the best light, complicating its criticism. Ronald Dworkin was and still is one of the central pillars
of the Western jurisprudence. Unfortunately, most of his works are not translated into Russia, but still his ideas need to
be critically evaluated from the standpoint of their perspective application, as well as lack of inner contradictions by
the Russian legal community. And the views of Ronald Dworkin contain many attractive idea, while the central thesis on
integrity may be potentially dangerous for the very freedoms, which the law is meant to safeguard.

Review: The article concerns the main idea of the ethics of the discourse by J. Habermas, who is one of the best known modern
philosophers. Ethics of discourse is regarded as an attempt of implementation of justice in the life of social communities and
individual. Understanding of justice within the ethics of discourse is studied in the light of enriching this sphere. The author
regards the ethics of discourse as a reflection of the reality of the modern society and attempts to uncover the ideas, which may
be used in implementation of justice in the modern social conditions. The author studies ethics of the discourse within the context
of justice from the standpoint of unity of all spheres of social life, causal and functional links, interrelation and interdependency
of needs, interests and values. The discourse ethics is regarded as an attempt of synthesis of liberalism and communitarianism.
The discourse ethics of J. Habermas has its positive features, such as measures offered by him for the achievement of public
consent, attention to cultural differences, interests of social communities and individual persons, achievement of the said goals
via state and law. At the same time the author fails to find in the studies of J. Habermas the correlation between the duty and
benefit, needs, interests and values, interrelations of the main spheres of social life, economic and ideological relations.

Review: The article provides a definition of legal dogmatics. The author points out three levels within the structure
of legal dogmatics. The first level is represented by the sources and norms of law, by which the contents of
law gains defined character and general obligation to comply with it. The second level of dogmatics includes
legal constructions and definition, which are common for several branches of law. The third level is represented
by the most fundamental legal definitions, constructions and principles forming the basis for the legal system.
From the methodological perspective the legal dogmatics may be regarded as an objectivated legal thinking.
Unique qualities of the legal thinking are expressed in special legal terminology, legal constructions, definitions
and basic genetic structures.

Review: The article concerns the ideas of one of the renowned modern German philosophers J. Habermas (born in
1929) regarding the definitions of citizenship and national identity .J. Habermas was always interested in the issues of
cultural influence of the national identity upon the development of specific states. J. Habermas is trying to analyze how
the globalization processes influence the social living factors, such as legal security, sovereignty of a citizen, collective
identity in a society, and democratic legitimacy of the nation states. As a result of analyzing the ideas of J. Habermas, the
author draws a conclusion that J. Habermas unilaterally supports the universalist understanding of liberal principles. In
his opinion the identify of a political community is based on the “legal principles rooted in a political culture, rater than
special ethnic and cultural form of life in general”. The political practice of a democratic states does not allow for the
existence of any privileged cultural form of life in a state.

Review: The subject of research is the Shafi’i law school, which is known to be formed in the framework of classical Sunni
Islam in the early medieval period. By the level of influence and popularity in the Islamic school of law, Shafiizm is second
after Hanafizm. The value of this doctrine in the evolution of Islamic justice system was so great that in varying degrees,
Shafiizm can be traced in the laws of some countries of the modern East. In the early medieval period, Shafiizm penetrated
the territory of modern Russia. The paper investigates the creative path of the founder of Shafi’i law school – a famous
thinker of the early Middle Ages ash-Shafi’i (767-820); his views are analyzed in the current system of justice. Particular
attention is paid to the sources of law, the appeal to which was allowed within Shafiizm. This is explained by the fact that this
classification of sources of law and their methods determines the agenda of legal science in a given time. In this article, for
the first time in Russian jurisprudence, the author considers the Shafi’ites approach to the problem of the sources of law in
sufficient detail. The study analyzes the features that were inherent to Shafi’i school of law when appealing to both the main
and auxiliary sources. Besides, the author focuses on the compromise nature of Shafiizm, which managed to synthesize the
most promising provisions of more “liberal” Hanafizm and conservative Malikizm using scientific methods. The importance
of domestic experts studying Shafi’i law school is particularly emphasized due to the fact that this doctrine is sufficiently
represented in the traditions and practices of some Russian peoples.

Keywords: Shafiizm, al-Shafi’i, legal school, the Arab Caliphate, source of law, the Koran, the Sunnah, judgments of companions, decision at the discretion, area of application.

Review: The object of this article is constitutionalism as the basis for the rational political system in the modern society.
The goal of the analysis is to substantiate the systemic role of constitutionalism in the formation of the political system as
a special perfect form of rationality, based on the maximization principle, allowing to establish and achieve the rational
interaction between the state and civil society, and allowing for the maximum positive effect. Based on the methodology
of the systemic approach, the author points out that constitutionalism serves as a special system, defining the form of
organizations and dynamics of political power in the interactions between the state and civil society, while the inherent
contradictions serve as the source for its development. Based on such an understanding, it is stated that constitutionalism
is capable of forming the basis for the rational interaction, providing for certain parameters of the political power
organization and functioning of the political system as an entity. It follows from the fact that the role of constitutionalism
is to provide activity resources (the sub-system of ideas and values), to determine the parameters for the activity (institutional
sub-system) and factual methods and forms of activity (behavior sub-system) in the political system of a society.
Accordingly, it is in the process of constitutional mediation that the “confusing” influences of the environment on the
political system are substitute, allowing for the structuring and functioning of its elements adequately to constitutionalism.

Dobrynin, N.M..
On the anniversary of the Constitution: an essay on problems
of interaction and interdependence of the Constitution
of the Russian Federation and constitutionalism:
nature, reality, specifi c features and the myth
// Law and Politics. – 2013. – ¹ 13.
– P. 1866-1881.
DOI: 10.7256/1811-9018.2013.13.10181.

Review: The object of study in this article concerns the problems of interaction and interdependence of the Constitution of the Russian
Federation and constitutionalism: its nature and specific features, principles and factors, as well as the perspectives for the constitutional
target-setting in the light of an inevitable constitutional reform. The author provides detailed and comprehensive analysis of the definition
of constitutionalism, and in-depth analysis of the evolution and the current period of its development within the framework of the
Russian state. Based on many years of his research and studies, analysis of works of legal scholars, comparative analysis of norms and
principles of the Constitution with political, economic, social and cultural reality, the author makes a conclusion on substantial inner
contradictions in the Russian constitutionalism, especially pointing out its insufficiency and lack of due interrelation with the Basic
Law of the State. The study involved the methods of classification, analysis, synthesis, comparative legal method, empirical method, and
historic method. The article has elements of scientific novelty, including the author’s own definition of constitutionalism, its key elements
and conditions for the existence of the Russian constitutionalism, interrelation and interdependency of Constitution and constitutionalism
in defining the vector for the constitutional target-setting in Russia and the key prerequisites for the urgent constitutional reform.

Review: The object of study in this article is Russian constitutionalism, its nature, principles and factors, allowing for
its implementation, as well as the perspectives of constitutional target-setting in Russia in the light of urgent need for
constitutional reform. The author pays much attention to the definition of constitutionalism, as well as the history of its
development in the Russian state. Based upon his own study and analysis of numerous works of legal scholars, as well
as upon the comparison of provisions declared by the Constitution with the political, economic, social and cultural reality,
then the author draws a conclusion that there are deeply rooted contradictions in the Russian constitutionalism, and
they allow one to call it non-sustainable. In the process of studies the author used the following methods: classification,
analysis, synthesis, comparative legal studies, empirical and historic methods. The article includes scientifically novel
elements, such as author’s definition of constitutionalism, as well as defining the vector for the constitutional target-setting
in Russia and the main prerequisites for the constitutional reform.

Review: The article is devoted to explication of the theoretical position of B.A. Kistyakovskiy regarding the basic
elements of the research program for the legal studies, role of social norms in the formation of social scientific platform
for the studies, and contents of genetic method of legal studies. The author analyzes various aspects of legal thought of
B.A. Kistyakovskiy, his attitude to legal positivism, his criticism of dogmatic jurisprudence, correlation of social and
legal matters, importance of method in law, formation of law within the social matter, etc. Special attention is paid to
the methodological criticism of the “descriptive” methods of dogmatic (positive) jurisprudence and characteristics
of “cause-and-genetic-explanation” methods. It is important to note that in the opinion of B.A. Kistyakovskiy study
of norms in the cognitive activity of people requires application of “obligation category” to scientific cognition. The
author states that the concept of integrative genetic legal understanding was formed in Russia within the sociological
school of law. He notes that it is in the works of P.I. Novgorodtsev, S.A. Muromtsev, B.A. Kistyakovskiy that we
may find the theoretical scheme for the synthetic understanding of law, based on unity of method and understanding
and scheme for legal cognition, rather than upon uniting various aspects of legal understanding, which was what
B.A. Kistyakovsky insisted on.

Review: This article considers the problems of establishing a theory of integrated legal consciousness in Russia, outlines the particulars
of developing the genetic method in the Russian school of legal sociology, and presents an analysis of the theoretical position of Bogdan
Kistyakovsky in relation to the possibility of objective law and the role of the inherent concept of the “public sphere” when discussing
the nature of law. The article focuses on the essence of the genetic method of learning and the nature of the historiographical situation
in Russian legal science at the turn of the 20th century. For Kistyakovsky, the hermeneutical schema was of particular importance in
the formation of the genetic method in Russian legal sociology. This alludes to the logical relationship between the reality of objective
laws and the normative system of society – the social norms which form society. The framework of the genetic method gives rise to an
understanding of law primarily through the study of the problems of the origins of law: the study of the nature of law which brings about
its operationality. The problems of the origins of law were touched upon by the majority of the representatives of the Russian school
of integrative legal consciousness (Maxim Kovalevsky, Sergey Muromtsev, Bogdan Kistyakovsky). On the one hand, contemporary
discussion of the types of legal consciousness is characterized by an increased interest in the problem of generating a consistent integrative
theory of legal consciousness. On the other hand, there is a lack of serious theoretical interest in the pragmatic and practical
tradition of the study of law using the genetic method, as outlined in Russian jurisprudence in the late 19th and early 20th centuries.

Review: The article is devoted to the roots of constitutional process in Russia and the historical paradigms of the Russian
Constitutionalism. The authors analyze the views of various Russian scientists on the ideas of Constitutionalism in various
historic periods, provide analysis and classification of such views. The authors single out and provide detailed analysis of
two main forms: Constitutionalism, which politically and legally limits the supreme power, and Constitutionalism, which
is based on trust to the supreme power. The authors analyze evolution of dualistic and triadic models of Constitutionalism
in the Russian thought, and provide detailed descriptions of original liberal, conservative and radical concepts, paying
special attention to the differences in their axiological bases. The authors prove that the current Russian Constitution
is a result of the reasonable compromise among various social values, directly referring to the basic principles of the
Constitutionalism. It enshrines both liberal values of natural rights and freedoms of person and citizen, doctrine of ruleof-
law state, separation of powers, democracy and civil society, and conservative elements for unity and sovereignty of
the strong Russian statehood, while supporting the principle of federalism and historic tradition of the people.

Loba, V.E..
Formation and development of the Russian doctrine
on definition and goals of punishment in the thesis work
on criminal law in the universities of the Russian Empire
// Law and Politics. – 2013. – ¹ 10.
– P. 1415-1420.
DOI: 10.7256/1811-9018.2013.10.9409.

Review: This article is devoted to the views of the Russian lawyers on definition and goals of punishment, as expressed in
their theses. The object of study includes theoretical concepts, ideas, legal constructions, which are devoted to punishment,
its nature, goals and influence, as provided for in the dissertation theses on criminal law, presented at the Law faculties
of the Universities of the Russian Empire in XIX and early XX centuries. The goal of the article is to analyze evolution of
the Russian doctrine on punishment, as reflected in dissertation theses on criminal law presented at the Law faculties of
the Universities of the Russian Empire in XIX and early XX centuries. The methodological basis for the study includes
three groups of methods: general methods, general scientific methods, and special legal methods. The article evaluates
the process of formation and development of the Russian teachings on criminal punishment, as reflected in the dissertation
theses at the Universities of the Russian Empire. The results of the studies may be used in scientific work on formation and
development of the Russian legal doctrine, criminal law, theory and history of state and law.

Malyutin, R.A..
Philosophy and politics: the experience of comparing
methodologies based upon an example of the dialogue
between Alexander Kozhev and Leo Strauss
// Law and Politics. – 2013. – ¹ 10.
– P. 1408-1414.
DOI: 10.7256/1811-9018.2013.10.9567.

Review: The article is devoted to the methodological problems of political sciences. Based on an example of the polemics
between Leo Strauss and Alexander Kozhev, the author shows the key working methods of modern researchers, and their weak
spots. The author also provides analysis of the causes of the problems and potentially productive options for their resolution.
The author takes the development of economic sciences as a reference point. The political science has been institutionalized
only recently, and it still uses the philosophical vocabulary, that is why its achievements sound archaic compared to achievements
of other humanities. The lacking involvement of mathematics, neurosciences, statistics, etc. causes loss and stagnation
of knowledge. The typical thesis on power written in the early XXI century rarely differs from the theses, which appeared two
to four centuries ago. Esoteric and philosophic tendencies are being criticized as harmful and thwarting further progress.

Seliverstov, M.V..
On the issue of terminological specific features
of the definition “international law” in the German
legal science in late XIX century – early XX century
// Law and Politics. – 2013. – ¹ 9.
– P. 1214-1222.
DOI: 10.7256/1811-9018.2013.9.9447.

Review: The article concerns the issues regarding the attitudes of German lawyers in late XIX and early XX centuries
towards the terminological specificities of the term “international law” in legal science. The works of German lawyers
in most cases regard international law as a special legal order, regulating the relations among the subjects of this legal
system. At the same time another definition provides that international law is a combination of legal norms, regulating
the legal relations among the subjects of international law, which does not belong to their domestic law. The discussion
of there issues have long history. The development of international law followed from the ancient Roman and
Medieval ius gentium (law of peoples) to ius inter gentes (law among the peoples) of the Spanish era (1494-1648) and
the dominating French approach (1648-1815) of the inter-state law, and than later to the modern international public
law – «internationals öffentliches Recht». The scientific and theoretical views on terminological differences within the
term “international law”, as provided by the scientists in XVII-XIX centuries, have formed the basis for the German
scholars and their modern approaches to its definition. In order to find the most objective definition, which would
reflect separate aspects of international law, the German scholars used the alternative methods and brought together
three scientific approaches of their predecessors towards the scientific category in question: from the standpoints of
international legal sources, subjects of international law and object of legal regulation. The conclusions of the author
are the following. Firstly, the scientific approaches to the term “international law” prove presence of contradictory and
sometimes mutually excluding opinions of the lawyers and pluralism of their opinions. Secondly, in spite of an individual
approach of German lawyers and pluralism of their opinion, they cannot find a fixed definition of international law,
which would apply to all of the historical periods.

Review: The article regards the process of formation of the “astro-policy”, its correlation with the “space policy”,
“geopolicy” and “astro-strategy”. The author analyzes the topical issues regarding the true nature of the term
“astro-policy”, as well as the works of the American political scientist, Professor of the USAF Air University: School
of Advanced Air and Space Studies E. Dolman. in the sphere of astro-policy, geo-policy and cosmic exploration. The
author also evaluates and analyzes the views of the renowned political scientist L. Savin and his attitude to the work of
E. Dolman. The attention is brought to the fact that the scientific works of E. Dolman shall be topical for a long time,
causing disputes and disagreements. The article provides detailed analysis of the key provisions of the works of the
American political scientist and the conclusions are made on the value of his research.

Review: The article is devoted to the study of the issues regarding the approach of German lawyers to doctrine as one
of the sources of international law. The German legal system does not recognize doctrine as a formal source of law,
but it is recognized as a existing accessorial source of law, which possesses de facto influence on it. The influence of
doctrines of the most highly regarded scholars on the formation of the norms of international law may be implemented in
various ways, and it may be reflected in the decisions of international court as means of peaceful resolution of disputes,
in signing of international treaties, and in exceptional circumstances based upon the generally accepted positions
on the formation of such norms, as well as in unilateral statements of heads of the state. The author correlates legal,
ideological and political aspects of doctrine. He studies evolution of this source of law based upon scientific works of
German lawyers of XVII – XIX centuries. He analyzes the doctrines of “external state law”, “eternal peace”, “ formation
of international legal obligations out of wrongful acts”, etc. The author concludes that the modern international law
may be characterized by formation of a large number of doctrines and interpretations in order to establish the generally
valid norms of international law, and the growing number of contradictions in the international legal norms is what
follows from it. Taking into account that each of those persons interpreting the norms (consciously or unconsciously)
supports the position, which is profitable for his state or political government, the role of doctrine is being forfeited.

Antonov, I.P., Seliverstov, M.V..
Formation and development of the theory of state
sovereignty in the works of Germany scientists
in XVII – XIX centuries
// Law and Politics. – 2013. – ¹ 8.
– P. 1098-1106.
DOI: 10.7256/1811-9018.2013.8.9128.

Review: The processes of development of the state as a main subject of international public law is inseparably connected to
the evolution of sovereignty theory. This article studies the key provisions of the sovereignty theory in accordance with the
teachings on state based upon analysis of the scientific works of German scientists of XVII – XIX centuries. The authors follow
the connection between the types of state and their classification and the forms of limitations to sovereignty. As for the theory of
state sovereignty, the authors note that sovereignty as one of the characteristic features of the state is variable in its form, since
it is connected with the legal capacity of the state. But since under the general theory of law only the rights may be divided, and
not the legal capacity itself, the idea of invisible sovereignty becomes obvious. Therefore, depending on the goals of the state in
the spheres of its domestic and foreign policy, the types of sovereignty change, and the sovereignty itself remains an inalienable
characteristic feature of a state. From the practical standpoint the lack of balance between legal and political elements of
sovereignty in the foreign relations often depends on inner factors and outer influences from the other subjects of international law.

Review: The article includes analysis of the views of one of the merited
legal scholars of the second half of the XIX century –
V.N. Leshkov, who devoted his work to the issues of selfgovernment
and its independence from the state. While his
concept is not ideal and it has some contradictions, it should
be noted that he was one of the first scientists, who viewed
community as the basis for the self-government, and people
as the moving force of history. His concept has elements of
the social theory of local self-government.

Review: The article is devoted to the ideas of the renowned Russian
thinker and legal scholar Boris Nikolaevich Chicherin
(1828-1904) on state, civil society and definition of law. Now,
when one is to speak of the philosophical heritage of Boris
Chicherin, the researchers point out the fact that he was at the
very source of the formation of Russian political and legal science.
Boris Chicherin wrote a number of works, which were
directly or indiretly related to the legal issues, politics, history
and theory of state. The cornerstone of his philosophy was the
term of human individual as a free person, and his political
credo was to combine the liberal state and the strong government,
which he regarded as a specific feature of the Russian
state. The method of this work was to study a number of little
known works of Boris Chicherin, and the author also studied
political philosophy and philosophy of law in Russia (the
Moscow State University named after M.V. Lomonosov) and
in Germany (the Humboldt University of Berlin, the Tuebingen
State University), which allowed him to understand the
ideas of Boris Chicherin better and to evaluate them properly.
As the result of the research, the author shows that Chicherin
was trying to find a compromise between Slavophiles and
pro-Western tendencies in the Russian philosophy of XIX –
XX centuries, as well as between the ideas of anarchy and
despotism. The philosopher also was trying to find a positive
balance between the terms of freedom and equality. All of
the above-mentioned matters lead him to the creation of the
philosophic and legal concept, which one may now evaluate
as liberal-conservative. The sphere of application of results of
this study may be its use in the courses on history of political
teachings and law, as well as in the scienctific research in the
sphere of theory of state and law.

Review: The article is devoted to the scientific achievements of N.F.
Kuznetsova in the sphere of solving the problem of stages of
crimes, their correlation with the incomplete crime. The author
shows the value of these achievements for the further development
of the teaching on stages of implementation of criminal
intent as a new paradigm in the global criminal law. The author
establishes the intellectual connection between the stages of
implementation of criminal intent (stage of preparation for the
implementation of crime and the stage of implementation of
crime), and such terms as attack and encroachment, which previously
were deemed to be unconnected. The author discusses
the key provisions of the teaching and legislative novelties,
which are based on it. Then he discusses the issue of the need
to introduce this teaching and legislative novelties which are
based on it into the teaching process and criminal legislation.

Keywords: N.F. Kuznetsova, scientific achievements, stages of committing crime, crimes depending on the stage of their completion, correlation of committing the crime and crimes depending on the stage of their completion, crimes with direct intent, teaching on the stages of implementing the crime, new paradigm in the global criminal law science, stage of preparation for a crime, stage of implementation of a crime, encroachment, attempt, combination of scientific and legislative novelties.

Review: In article describes and analyzes the works of Russian
cosmists like Fudorov N., A. Sukhovo-Kobylin Tsiolkovsky,
Vernadsky and A. Chizhevsky, who gave rise not only to
the establishment of practical development of the cosmos,
but also to the birth of the “space policy” . Their identity is
revealed. It is noted that Russian cosmism includes two levels
– religious, mystical and universal “unity.” Latter ideas
influenced the formation and development of modern directions
in the space policy. The attention is focused on the two
fairly clearly defined schools of Russian cosmism – Moscow
school and Kaluga school. N. Fedorov is recognized by most
researcher to be the founders of the Russian cosmism. The
conclusion is that the Russian Cosmism is one of the important
sources for the theoretical space policy related to the
practical exploring of the open space, and his ideas defined
the overall direction of the cosmological theories.

Review: The article is devoted to the key methodological approaches
to the outer space policy. The author analyzes empiric,
general logic, dialectic methods, studies their nature. The
author singles out a number of approaches to the studies
of outer space policy, such as the functional methodology,
comparative methodology, sociological, political and cultural
approaches. It is noted that the dialectic and systemic
approaches, as well as expert evaluation and sociological
polls have much perspective in this sphere.

Review: The article includes a review on the development of
legal dogmas in the continental legal studies. The author
considers that dogmatic jurisprudence had formed the
basis for the professional legal culture and key types of legal activities. The starting point of its evolution is the
medieval school of glossators. The philosophical bases
for the continental legal dogmas were formed by the
scholastics. The process of the evolution of the dogmatic
jurisprudence may be divided into three main stages. The
first stage is medieval and it is represented by the academic
school of glossators and commentators (post-glossators).
The second period is characterized by the formation of
the cultural and philosophical bases for the dogmatic
traditions, which were formed due to the humanistic
school of lawyers and the school of natural law. The third
period is represented by the historical school of law, and
the jurisprudence of definitions, which completed the
development of the dogmatic jurisprudence.

Review: The article is devoted to a topical issue of the state-related and
legal views of the Russian protective state-supporting thinkers K.P. Pobedonostsev, M.N. Katkov. The author tried to avoid a
negative approach to a conservative legal thought, which still
dominates in the Russian legal studies. The article shows strong
points of the teachings and inß uence of K.P. Pobedonostsev
and M.N. Katkov on the Russian political and legal practice in
late XIX century. The author viewed the teachings on protected
autocracy showed the inß uence of the protective legal doctrine as
a source of Russian law during the rule of Tsar Alexander the III.

Review: The goal of this article is to provide detailed analysis of the term “humanization of the criminal policy”, which is often used
when characterizing the law and system of government of the European states in XVIII century. The author of this article
studies the ideological sources for the formation of the key directions of the criminal law policy based on the current scientifi
c approaches to the theory of legal policy and on the analysis of the works of the enlighteners in the sphere of criminal
law. The author considers that the ideas of the reforms in the sphere of criminal law system, which were expressed by the
thinkers of the Enlightenment epoch, are still important in the current legal reality, while they once have formed the basis
for the scientifi c theory of criminal policy. The interpretation of the views of Charles Montesquieu and Cesare Beccaria
from the point of view of key methods of implementation of the criminal policy has certain scientifi c value, and it allows
the author to draw a conclusion that the ideas of penalization, de-penalization and differentiation of legal responsibility
together with the forms of their implementation in the state policies of the European states in XVIII century provide for the
humanization of the criminal law policy.

Review: The author attempts to view the category of justice in three of its representations: as an idea, as a norm of law, and as a reality. The author
then shows the quality and differences between all of them, their infl uence on the formation of understanding of justice (both everyday
and scientifi c understanding), as well as on the way a political legal regime may be formed, changed or ceases to exist, and on the way
the social relations may be regulated via the formation of legal norms.

Review: The article is devoted to the history of the idea of the cosmic state in the political thought from the time of the Ancient World to the Russian
Cosmism of early XX century. The author evaluates the interpretations of the idea of cosmic state in the ancient mythology, as well as
in the works of thinkers from the time of Ancient Greece and Rome to the early XX century (Fedorov, Tsiolkovsky, Agnenko, Ivanitsky,
Vernadsky, Roerich, etc.). The ideas of a cosmic state showed and deepened the understanding of unity of the world, the cosmic nature
of human being and human kind, prediction and analysis of the coming cosmic era of the humankind and proper political organization
for it. The article may be useful for the researchers in the sphere of fundamental problems of nature of the government, specialists in the
sphere of legal philosophy, theory of state and law, political science, history of political and legal teachings.

Review: This article is devoted to the analysis of scientifi c achievements of the great Russian constitutional lawyer O.E. Kutafi n.
The author points out that O.E. Kutafi n had made a great input into the development of the constitutional legislation of the
Russian Federation, its science and practice, and its brilliant works he laid the grounds for the need, social inevitability
and progressive character of the transfer of the Russian constitutional law to the democratic system of protection of rights.
He left great scientifi c heritage. Much attention is paid to the analyze of monographs and periodicals by O.E. Kutafi n,
his textbooks. The author analyzes Kutafi n’s points of view towards the correlation of terms “social structure” and “state
structure”, provides detailed analysis. The author also touches upon the problems of civil society, the object of constitutional
law, democracy, representation of people, municipal self-government, elections, as the issues, which were analyzed by O.E.
Kutafi n. The author describes the opinion of O.E. Kutafi n on these problems and analyzes the current legislation.

Review: The writers often state that the problem of correlation of the terms “law” and “truth” is a key confl ict of the Russian legal
conscience. In fact this confl ict gained its value during the period of expansion of the Western culture and values, when the
“truth” got separated from “law”, and at times opposed to it. The article includes analysis of the moral responsibility of the
empowered in the works of the ancient Russian thinkers and the confl ict of Russian legal conscience, which was identifi ed
by them at the time of the expansion of the Western culture and values in the ancient Russia. The author states that at that
time the church was the only consolidating and moral power in the political territory of the Ancient Russia.

Review: In article the various points of view of scientists of the past and the present on such phenomenon as «power», «the political power»,
«government» are considered. The occurrence reason «divisions of the authorities» and as consequence – «lawful state» occurrence
is mentioned. The characteristic of «lawful state» and understanding of this phenomenon is given by scientists. The political
power, its place and a role in a lawful state, and also degree of development legal the state in modern Russia is considered.

Keywords: power, the political power, government, division of the authorities, lawful state, political system, state, system of controls and counterbalances.

Review: The article is devoted to one of the most important concepts of a German classic sociologist N.Luhmann, which was formulated
in such books as Legitimation durch Verfahren (Legitimation via the Procedure), Rechtssoziologie (Sociology of law) è Politische
Soziologie (Political sociology). Under this concept the legitimacy of norms of law, as established by the state, can be evaluated
by the level of recognition and acceptance of these norms, as expected from an individual by a number of third persons. This result
is based on the symbolically represented possibility of physical force and by the participation of people in political and legal
procedures, such as judicial process and elections. The concept by N.Luhmann is compared with the concept of legitimation by
Jurgen Habermas, which in turn points out the role of rational element in recognition of the offi cial decisions by the people. The
article is interesting from the standpoints of political science, sociology of law, as well as of the history of state and law.

Borisovsky, E.E..
Bezborodko, A.A. as a merited representative of conservative tradition of the state and legal development of Russia in late XVIII century.
// Law and Politics. – 2012. – ¹ 2.
– P. 322-326.

Review: The article is devoted to political and legal views and practical state activity of Aleksandr Alekseevich Bezborodko – the merited representative of a conservative tradition in the Russian statehood, his name is mentioned in legal literature much less often than he deserves.

Review: The key instrument of the theoretical analysis of the branch of law, its object, method, mechanism of legal regulation and
legal system is a principle of law. The defi nition of the principle of reasonableness of law is a topical issue of the modern
legal science. It is impossible to explain its nature without the theoretical study of the etymology of the term, its basic
meaning and common understanding, its understanding in various scientifi c spheres, and the intent of the legislator. Based
on the views of the antique, medieval and modern thinkers the author analyzes theoretical and legal concept of the term
“reasonableness”, then the author formulates the position that the category of reasonableness is a required or acceptable
standard of behavior, which is implemented when its subject is able to analyze the existing of presupposed situation, including
motivation and aim to achieve a certain goal.

Review: The article is devoted to the positions on federalism, as expressed by Russian and foreign scientists, he shows the key contradictions
in the Russian federalism, paying much attention to the problems of the regions of Russia as political subjects.

Review: The article is devoted to the political and legal views of the Russian liberal thinkers, such as A.N. Radischev, F.V. Krechetov,
G.I. Popov, P.A. Slovtsov, V.V. Popugaev. The author studies their input into the development of the liberal views on the
evolution of the Russian state in late XVIII – early XIX centuries.

Review: This article is devoted to the analysis of the legal aspects of the formation and development of the idea of the united Europe
from the ancient times to the current time. The author singles out and analyzes the key stages of evolution of the idea of
the European unity (that is: early Middle Ages, Renaissance, Enlightenment, Romanticism, 1917-1945, and 1945-1991). He
also analyzes and brings into the single system the political and legal concepts for the unity of the European states of such
famous thinkers, as St. Augustine, Thomas Aquinas, Dante Alighieri, P. Dubois, the Pope Pius II, Erasmus of Rotterdam,
T. Campanella, M. Sully, Y.Komensky, G.V. Leibniz, W. Penn, C. St-Pier, J.J. Rousseau, I. Bentham, I.G. Gerder, I.Kant,
Napoleon Bonaparte, F. Genz, K. Krause, K. St-Simon, F.List, Justus von Schmidt-Phiseldeck, V.Hugo, M.A. Bakunin, Johann
Kaspar Bluntschli, L.A.Kamarovskiy, R.N. Coudenhove-Kalergi, A. Brian, A. Spinelli, W.Churchill, J.Monnet, R.Shuman,
C. de Gaulle, M.Thatcher, J. Delors.

Keywords: jurisprudence, history of the European integration, the United States of Europe, universal monarchy, the Union of States, Confederation, Federation, Immanuel Kant, the EU, Europe.

Review: The article is devoted to ideological and historical context of formation of the political and legal views of Russian Eurasianism. The author shows the process of adoption of the ideas of nationally-oriented authors and various European philosophical schools by the Eurasians. By analyzing the key ideas of the Eurasians on state and law, one can see a gap between their relativist and universalist attitudes, which led to failure of political Eurasianism both in theory and in practice.

Review: This article includes comparative analysis of political and legal views of V.I. Lenin and L.D. Trotsky regarding the formation of the United States of Europe. The article reflects development of this idea in the works of both leaders of international Communist movement, and shows the reasons for disputes among them regarding the ways of development of the Socialist revolution and uniting the states of Europe and finally the world into one organization. The author shows the reason why Lenin was critical towards this idea, and he also shows the position of Trotsky in favor of the USE.

Keywords: jurisprudence, V.I. Lenin, L.D. Trotsky, I.V. Stalin, USSR, October revolution, the theory of “permanent revolution” history of the European integration, the United States of Europe, history of legal and political thought.

Review: Conservative direction of the social thought, as formed in the Europe in the middle of XIX century, was a new attitude to
the character and ways of development of the human civilization. Its change into the political ideology took part, when the
threat of loss of positive experience of the last generations and radicalism made people search for a conservative form of
political practice. Development of conservatism as a social and psychological phenomenon led to preservation and evolution
development of ever-lasting bases of human existence.

Review: The article is devoted to the analysis of the problem of relations between church and state, their relations and mutual influences, as reflected in the views of the Russian philosopher, theologist, economist, jurist, and renowned social
figure Sergey Nikolaevich Bulgakov. His views on these relations were not static, and their evolution went through a number of stages: Marxist, which included the idea of revolutionary changes in the state and church, the concept of Christian policy with the program goal of Christian socialism,
and the theory of Christian sociality with the idea of inner change of state based on Christianity.

Review: The state always needs a certain moral foundation, since
trust of society is key to its existence. Any society is ideocratic
no matter what ideas defi ne its development. The
state may establish the need for its own existence only if the
source, to which it turns, is not related to it. That is why the
idea of theocracy is quite topical, since it allows to connect
the laws of the state with the religious orders.

Review: As the author points out, A.Y. Vyshinsky is regarded as a
quite an original thinker in the history of political and legal
thought of Russia. He is an apologist of Communist teaching.
However, while his views in some part had nothing in
common with the previous tradition of Russian thinking,
Vyshinsky could not fully free himself from the infl uence
of traditions and ideals of political and legal thought of
Russia.

Review: This article is devoted to political and legal views of a
renown Russian thinker M.A. Bakunin towards achievement
of European (and generally human) unity. The
author shows the key stages of Bakunin’s fi ght against
authoritarian rule and abuse of power by the state, then
he makes a conclusion that Bakunin played an important
role in implementation of the ideals of the Great French
Revolution – freedom, equality and fraternity, as well as
to the idea of United States of Europe, which actually came
into life in the second half of XX century as European
Communities, and later the EU.

Review: This article is devoted to the teachings of the J Huizinga on the role of game in formation of law. The author views the key provisions of this teaching on the role of game components in legal matters. The author then studies development of law within the framework of game concept of culture of J. Huizinga

Review: At the current stage there’s no unified approach to understanding « civil society » in both Russian and foreign legal studies, that is why there’s need to study the existing approaches and to develop a conceptually new definition, which is valuable for the formation of civil society in our country

Review: The problem of political control is important for many social and humanitarian sciences: political science, philosophy, sociology, history, etc. The author views it from the historical point of view, trying to find the key tendencies in the works of the modern scholars of political control as a state function

Keywords: jurisprudence, political science, historiography, sociology, state, Communist Party, Komsomol, the All-Russian Extraordinary Commission for Combating Counter-Revolution, Speculation, and Sabotage, also known as the Cheka, USPD(OGPU), political control

Review: The Enlightenment Age, to which the 2nd President of the USA John Adams belonged, attempted to find universal principles for the interaction of civil state and society. The article includes analysis of his writing on “Protection of the Constitutions of the USA” (1786). Where he singled out two types of republic — free and non-free. He recognized a free republic as a jural state, which equally protects the people and their fundamental rights, which is possible in case of supremacy of law and protection of private property. These matters, in turn, require such prerequisites as mixed government, which allows balancing the various interests of social groups.

Review: The article is devoted to the problems and specific features of application of the structural and functional modeling in the modern political studies. The author singles out typical practical problems of political modeling, attention is paid to heuristic possibilities of use of the new methods of the structural and semantic content modeling in the modern political studies.

Review: This article is devoted to the analysis of the influence of the pluralist concepts of politics on the formation of the modern principles of democracy. In this article, the author comes to a conclusion that the theory of political pluralism served as a key conceptual basis for the formation of the normative criteria of the modern democracy.

Review: The article includes analysis of key stages of transit of democratic values, the author characterizes the key ethical and moral forms, which exist in Russian political and legal understanding by the people. The author also studies the difficulties in the transit of democratic values, as well as presentation of the norms of free elections.

Filatova, E.V..
Doctrines, based upon the principle of good faith and doctrines, which substitute themselves for this principle in the states of continental and Anglo-Saxon legal systems
// Law and Politics. – 2009. – ¹ 9.

Review: In this article the author analyzes the means of application of the good faith principles, doctrines, which arise of this principle, and doctrines, which substitute themselves for this principle within various legal systems. The article includes analysis and examples of application of such principles in the judicial practice of such states as Germany, England, Australia, and US.
Keywords: jurisprudence, good faith, principle, presumed, unfair, doctrine, Germany, Australia, US, England

Review: This article is based upon comparative discourse analysis of the views of S. Huntington and D. Andreev. The author studies conceptual approaches to character and tendencies of the state and political relations and modern geopolitical processes from the position of their views of further transformation of human society.
Keywords: political science, D.Andreev, S.Huntington, empire view, globalization, trend, geopolitics, civilization, transformation, super-states

Review: One of the key directions of evolution of constitutionalism is that the key goal of the modern Constitution is provision of guarantees for basic rights and freedoms, rather than “rational” organization of power, as it used to be. This transfer of priorities, as expressed in current priority of the inalienable rights and freedoms in the text of the Constitution, as well as their guarantees, is, in particular, a type of reaction towards the numerous totalitarian regimes of the XX century. Another important direction of evolution of constitutionalism is in recognition of importance of primacy of the Constitution over the other norms of legal order, including legislative norms, as well as recognition of shortcomings of pre-existent guarantees. This evolution is due to the lack of trust to the acts of state bodies, including law, which, as any other source of law may lead to violations of the Constitution.
Keywords: history of legal and political thought, positive law, constitutionalism, modern definition, evolution, separation of powers, rights and freedoms of individual and citizen, legal force of the Constitution, primacy of the Constitution, judicial guarantee of the Constitution

Review: The article is devoted to the key moments of political and philosophical heritage of Daniil Andreev. The author shows place and role of comparative method in the studies of his political and philosophical concept. There’s much interest in its correlation to the political views of known thinkers, political figures and statesmen, which offered their views of state construction at the time of large-scale social, political and economical transformations.
Keywords: political science, Daniiil Andreev, comparative method, geopolitical process, change of eras, transit of the statehood, empire state, super-state, transformation, civilization approach

Review: The article is devoted to the topic of formation of institutions of political domination in the Middle Ages and the influence of Christian religion on it. The author points out, that the Christianity forms a specific type of legitimacy of political domination, and establishes jurisdiction of public and church authority. Theological type of legitimacy is based on establishing and separating the spheres of faith and mind, which formed a new theory of criminal law (crime and sin), types of guilt (intended, and unintended), concept of legal person, as a subject of power, unlike the previous concepts of a physical person as such as subject.
Keywords: jurisprudence, law, politics, Christianity, faith, mind, freedom, domination, responsibility, history

Contact information: Tsarkov Igor Ivanovich, tsarkov58@gmail.com

Reference:

Akberov, Rukhid Rashid – ogly.
Western experience of evolution of the principle of separation of powers.
// Law and Politics. – 2009. – ¹ 4.

Review: Author of the article reviews the principle of separation of powers in constitutional law of foreign states. He points out the wrongfulness of interpretation, which includes its division into legislative, judicial and executive branches, analyzes the evolution of the principle of separation of powers. He considers that in the modern world this principle got substituted by the “political pluralism” principle.
Keywords: jurisprudence, political science, theory, philosophy, constitutional law of foreign states, separation of powers, power, political pluralism, evolution

Contact information: Akberov, Rukhid Rashid – ogly, nb-media@mail.ru

Reference:

Schprenger, Gerhard.
To the 100th anniversary of the legal philosophy. Rethinking the past. To the 100th anniversary of the first issue of the journal “The Archive of the Legal and Economical Phylosophy” in 1907.
// Law and Politics. – 2009. – ¹ 1.

Review: This article is devoted to the 100th anniversary of the journal “Archive of Legal and Political Phylosophy”, or as it was previously called “Archive of Legal and Economical Phylosophy”. The topic is of much interest, since the journal reflects the tendencies of development of legal phylosophy throughout the century.
Keywords: anniversary, centennial, archive, legal phylosophy, social phylosophy, journal, phylosophy

Contact information: Schprenger, Gerhard, nb-media@mail.ru

Reference:

Khodakovsky, E.A..
The body of believers in Islam within the system of political relations between the East and the West.
// Law and Politics. – 2008. – ¹ 11.

Review: The Islamic tradition of faithfulness is one of the alternatives to the political and ideological domination of the West. As the author of the article points out, the key elements of this dinamically evolving tradition are the theocratical univerfsalism, expansionism, total reglamentation and decentralized hierarchy.

Reference:

Kornev, V.N..
Some aspects of political and legal doctrine of the Slavophilia.
// Law and Politics. – 2008. – ¹ 9.

Review: As the author of this article points out, in the works of the ideologists of the Slavophilia we find some answers to the questions on nature of law, state and society, as well as on the issue of nature of state power. The Slavophiles managed to form a unified political and legal ideology, and it’s an object of study in this article. It’s relevance is due to the current efforts of forming ideology in our state.

Reference:

Chizhkov, S.L..
The protective liberalism of B.N. Chicherin
and the problem of correlation of freedom, order and law.
// Law and Politics. – 2008. – ¹ 10.

Review: The concept of "protective liberalism" with its slogan "liberal measures and strong government" was formed by B.N. Chicherin in early 60s of XIX century. Chicherin thought that freedom without order is dangerous, and the order without freedom is meaningless. The ideas of Chicherin caused various, and at times totally opposite reaction from the scholars.

Reference:

Gligich-Zolotareva,M.V., Dobrynin, N.M..
The teachings of Ivan Ilyin on the federation.
// Law and Politics. – 2008. – ¹ 10.

Review: Ivan Alexandrovich Ilyin is a Russian philosopher, sociologist, social activist, and ideologist of the White Movement, Magister and Doctor of state sciences, Professor. The teachings of Ivan Ilyin were forgotten for many years, and not rightfully so. This article is devoted to analysis of his views.

Review: While studying the ideological bases of the Ancient Russia in late X and early XI centuries, many scholars plainly state that its ideology was Orthodox Christian, and the Christianizing of Russia was the main event. However, in spite of the drift apart from paganism, its elements remained and they showed themselves in rather peculiar ways even after 988.

Reference:

Rusakova, E.B..
A new approach to the understanding of state and society in the political thought of the Russian emigration.
// Law and Politics. – 2008. – ¹ 8.

Review: As the author of this article points out, the study of the political theories in the “liberal sphere” of the Russian foreign emigration is quite topical, this article contains evaluation of their views.

Reference:

Luparev, G.P..
The political and legal views of Marcellus of Padova
// Law and Politics. – 2008. – ¹ 7.

Review: The “Defendor pacis” by Marcellus of Padova, which was written in 1324, was at first secretly spread among the scholars of the Paris University. Its key idea, which worried the Catholic leaders, was the critical analysis of their ambitions as a key reason for the social problems of the society of that time, namely Italy. This article includes analysis of “Defendor pacis”.

Reference:

Seregin, A.V..
The teachings on the best organization of the monarchy in the foreign political and legal thought.
// Law and Politics. – 2008. – ¹ 7.

Review: From the immemorial times the humankind thought of the way of government, trying to find the best model of political and social development of individuals within the complicated social systems. Still the problem of the supreme power reins the politics and jurisprudence alike, and influence the modern theory of state and law …

Reference:

Rubanik, S.A..
The Western political and legal thought and formation of the views of P.I. Pestel and N.M. Muraviev on the state law.
// Law and Politics. – 2008. – ¹ 6.

Review: The studies the phenomenon of decemberists in both Russian and foreign literature alike for a long time seemed to ignore the political and social processes in the West at the same time, and the sources, from which the liberal ideas, as well as ideas of secret societies, were brought to Russia… This article b S.A. Rubanik includes a different point of view on this problem…

Reference:

Sarkisyan, M.S..
The definition of the banking activity and its content.
// Law and Politics. – 2008. – ¹ 6.

Review: The term “banking activity” is relevant to several branches of law, and not only to banking law. In this article the author attempts to give a complex evaluation to the definition and content of banking activities in jurisprudence.

Reference:

Shishkin, A.G..
On criteria for classification of the measures of legal responsibility.
// Law and Politics. – 2008. – ¹ 5.

Review: The measures of legal responsibility are varied in their nature, meaning, relevance to particular branches of law, subjects empowered to apply them, their consequences, length of application, etc. That is why there’s an objective need for their classification. This article is devoted to various classifications and criteria in this sphere.

Review: Prohibitions are necessary within the mechanism of administrative legal regulation due to need to ensure law and order, as well as security of individuals, society, and the state as a whole. The sphere of administrative legal regulation is broad, and the variety of prohibitions is accordingly vast. This article is devoted to the basic aspects and problems of definition and nature of administrative prohibitions.

Reference:

Bolgova, V.V..
On the problem of the multitude of meanings of the term “public law”
// Law and Politics. – 2008. – ¹ 6.

Review: As the author of this article points, out the term “public law” currently has many meanings, and this peculiarity is reflected on the results of the scientific studies in this sphere, and there’s an obvious lack of unity among the legal scholars on this issue. However, in this case the matter is one term with many meanings, rather than competing definitions.

Reference:

Khrabrov, I.N..
The strategic persons: the legal model of interaction between state and private organizations.
// Law and Politics. – 2008. – ¹ 5.

Review: Currently there’s a number of phenomena, which combine state functions and private property, within the single legal subject. The author of this article offers a new model of legal status for the state organs, new type of property – strategic property, new type of legal personality – strategic legal person and the new type of organizational legal form – administrative.

Reference:

Sologub, N.M..
Codification and its place within the legislative systems of the constituent subjects of the Russian Federation.
// Law and Politics. – 2008. – ¹ 5.

Review: Codification is a rather specific form of systematization of legislation. If one talks about the legislation of the constituent subjects of the Russian Federation, one may only talk of the special codification, due to the restrictions, as imposed by the Constitution of the Russian Federation. This article by N.M. Sologub provides the analysis of experience of a number of constituent subjects of the Russian Federation, and studies the current problems, based on a number of examples.

Reference:

Egorova, A.Y..
Some specific features of functions of the modern labor law in the Russian Federation.
// Law and Politics. – 2008. – ¹ 5.

Review: This article is devoted to the study of types of functions of the labor law in their correlation with the goals of the Labor Code of the Russian Federation. The author studies each of the functions. The topicality of the study is due to the need to find the new approaches in order to provide adequate protection to the employee as a more vulnerable party to the labor relations.

Reference:

Korzennikov, V.N..
The definition of statehood. The statehood of a republic as a constituent of the federation.
// Law and Politics. – 2008. – ¹ 5.

Review: There’s no universally accepted definition of statehood both in theory and legal practice, and the issue of objective elements of statehood of the constituents of the federation is resolved in various ways. This article by V.N.Korzennikova is devoted to specific features of elements of statehood in various constituents of the Russian Federation.

Reference:

Gulyan, E.K..
On the issue of influence of the Byzantine Christian tradition on the formation of the Russian statehood
// Law and Politics. – 2008. – ¹ 4.

Review: Russia is quite a special cultural world and there are reasons for it. One of such reasons is its relations with various civilizations … One should also note the religious factor and the influence of the Bysantine tradition on the Russian Orthodox Christianity…

Reference:

Latushkin, M.A..
Theory of public and legal coercion of A.M. Kulisher and the modern problems of state and legal coercion in Russia.
// Law and Politics. – 2008. – ¹ 4.

Review: The work by A.M. Kulisher “The Rule of Law and Administrative Coercion” is one of the brightest examples of the pre-Revolution theoretical legal analysis. It was published in Yaroslavl in 1911. The author considers the theory of public legal coercion by A.M. Kulisher to be of principal importance for the improvement of the modern mechanism of protection of basic human rights and freedom in the process of application of the state coercion…

Review: Every lawyer, who starts a practical comparative study, needs to master the methodology of the comparative legal studies. What should be compared? How should one compare? It is not easy to find answers to these questions. That is why while the entire post-Soviet legal sciences is being reborn it is especially important to understand the place and role of comparative legal studies within the framework of scientific and educational approach to law with due respect taken to the new scientific paradigms.

Review: When speaking of the ideological bases of the pre-Christian Russia, they usually just state the paganism defined all spheres of its social life. However, not much attention is paid to evaluation of particular components of the paganism, which influenced the formation of the outer functions of the Ancient Russian state of IX – X centuries, its political system and legitimacy of the state power. The author pays special attention to the pagan components, which were less christianized after the Christianization of Russia. First of all, one should speak of the military ideology…

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